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Poster: J.B. Nicholson Date: Dec 14, 2003 5:03am
Forum: netlabels Subject: Re: a plea for license allowing derivitive[sic] works

Your opinion that you must "select a license that most resembles the original terms by which the music was offered to the label for digital distribution" conflicts with your opinion that deciding on a license is up to the artist. And the latter opinion might not be correct.

It is the copyright holder, not necessarily the artist, who has the power to pick the license. If that license allows sublicensing, then licensors can relicense the work, but most licenses I've seen for audiovisual work do not allow sublicensing.

Because the copyright holder has this exclusive power, the distributors cannot "select a license that most resembles the original terms". Any distributors have to abide by the terms of the license the copyright holder picked.

The posters asking for a more liberal license understand this, that is why they are asking copyright holders and those who contact the copyright holders to relicense more liberally. Appropriateness is for the licensors to decide because they have to pick works based on artistic quality and licensing terms. Please don't chide anyone for asking (which is all that is going on in this thread) for a more liberal license. The flexibility of computers makes it clear that it is not "already a lot" to expect to make derivative works in addition to non-commercial verbatim copying and distribution in any medium.

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Poster: J.B. Nicholson Date: Dec 14, 2003 5:34am
Forum: netlabels Subject: Small correction to parent post--licensees not licensors

I meant to say "licensees" (those to whom a license is granted) not "licensors" (those who grant the license). Of course, those who grant licenses can always license the work under as many licenses as they wish to as many licensees as there are.

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Poster: simon c Date: Dec 14, 2003 6:37am
Forum: netlabels Subject: Re: a plea for license allowing derivitive[sic] works

Your input is appreciated, Mr. Nicholson-Owens. Bear in mind that this is a work in progress, and netlabels are all spending considerable amounts of their spare time giving away music for free.

It is important that we get licensing right, and I think, and hope, we'll be moving towards a license that's as wide as possible without the artists in question being upset about it.

Finally, I don't think anyone is 'chiding' anyone else for asking about this. In fact, my plan is to start by asking individual artists to put together a compilation that can specifically be labelled as 'derivative works allowed', so people like Brewster's kids will have some neat music to go with their Lego movies after all. That, at least, is a good start.

s!

This post was modified by simon c on 2003-12-14 14:37:12